New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-03-29
THE PHOENIX NINE.
GENERAL BENJAMIN r. BUTLER READS THE RE-
PORTS AND WRITES HIS OPINION


GENERAL BENJAMIN r. BUTLER READS THE RE-
PORTS AND WRITES HIS OPINION.
LOWELL, MASS, March 23 1887.
r q TENSION ESQ.,. President Ph9nir Mining Company
DEAR SIR: You request me, because of having been
engaged I'm the litigation OF the Phoenix Mining Company
concerning their mine in Cave Creek district Marlcopa
County Arizona Territory, TO reexamine its title
and reports engineers and experts as to give an
opinion Of its value as commercial enterprise
should have done this earlier but an accident dis
abing me from writing or even holding up papers to
read them prevented me from properly performing
1t up to the present time.
OF THE TITLE.
The most important element Of value in mine located
int the far-o Territories covered by patent that
Its title should unassailable Points OF assault nearly
always exist to mines. which INSCRIPTIONS lawsuits
may brought when the mine becomes valuable, such
as whether the necessary preliminary steps nave Decn
taken by the locaters whether tho necessary ASSESS
meut" labor as 1t Is called has been done. and such
location placed the surface OF the earth
as to fix place OF veins dips below the surface or
whether there was prior claim which Is very often sus
tanned by very questionable frontier evidence.
The Phoenix Mining Company is particularly favored as
to every question OF title.
very audacious, well planned and desperately
attempt was made by combination OF people and by
man who possessed stanpnill for reducing gold bear
ing ores about four miles and half from the mine, and
who had worked the In his mill. and knew prac-
cay quality and value Of the ore and all facts rela
tive to the location and working OF the mine, TO get
fraudulent title TO it.
First by having attachments put upon 1t so mat IL
might be sold by the sheriff.
Second. by getting deed oft from former owner,
which was wholly unauthorized by anybody, and cspe-
clay by the owners OF the mine.
And lastly by dumping the claim" as the phrase Is
and making location upon 1t in new name, anew, as
Gil abandoned claim.
fara Ia lair I'm
the District Court Judge whom he led, mis-
led to decree the title to be made him by commits
sioner
The Phoenix Mining Company. as soon as Informed OF
these proceedings brought suit In the proper court
against the Jumper" TO set aside this pre-
tended title, aud obtained verdict from jury
in favor of Its title, and decision OF
the court thereon upon the most irrefragablc
aud satisfactory testimony so that the title to Its mine
as can speak from the most careful examination is In
every particular thoroughly demonstrated settled and
adjudicated.
The opponents OF the company the trial denied their
title In every respect and contested every point loc
ton OF monuments and OF assessment" work. and sup
ported their claim by testimony amply shown TO be
false so that Of the title OF your company to whatever
may he found under the surface within the limits OF
your location, there can be no Doubt
As TO THE COMMERCIAL VALUE or THE MINE.
Upon this point, of course. ought not and cannot
sneak with such degree OF certainty have done TO the
title.
There is one consideration bearing upon It's value
which deserves attention. The man who attempted to
steal the mine Cand that would have been the word 10
characterize his acts n 1t had not been real
cstate and who spent many thousand dollars in carrying
ont the attempt; was one who was thoroughly CONVEX
with the veins dips and location OF the mine, the
quantity OF developed and. above all. the quality Of
the ore as working" ore and how much could actu
ally be got OF It per ton In his eampm wherein he
worked the which had been thrown out In sinking the
shafts and following the drifts.
Now as he knew the value NINE and
attempts yalueless mine, therefore place
reliance upon this performance evidence OF the
value OF mine consider his attempt TO steal the
mine unpurchased opinion Of its yalGe. lie paid
large sums OF back his opinion up. Therefore
believe your mine has had fsrer assay and better In
sIecton by competent inspector who has shown
his faith by his works, than any mine have ever known
An assay OF specimens OF ore may be honestly made
and show good result but that result may be very de-
cepve the quality OF tue body Of the ore aud the
economy OF working 1t. Here company has obtained
an assay OF the very body of the Again, a com
petent, expert may have opinion which he re-
lies upoh aud upon which reliance may be placed. aud
the OF the veins OF 10 wha Is It's char
acer as to economical working; nut here you have
man who has worked 1t for himself; for this Jumper"
took ont and worked many tons OF while he had the
mine in his possession and continued to do until the
law stopped him. Now man may buy mine because
e believes the to he good but he does not work with
energy and vgor. so long the Law permits him. the ore
from that mne unless IL pays
In addition to this unbought evidence which is
convincing ~ mo- have examined the report OF PROBES
sor Charles T. Fletcher OF Boston. whose reputation
muing engineer and expert stands high aud fully
the capacity of the mne and his suggestions are
very promising its economical and profitable work
ing.
Added to this have examined the exhaustive report
81.
his requirements have personal knowledge, but no
read his report to the capabilities OF the mine
and tho facilities for obtaining the means OF properly
working It, such access fuel and supplies, and water
TO DO obtained near It, which Is in addition
TO his coniirma,ory report 10 the extent Of tho mine
and the character OF the and his observations upon
what has been DONE II he is unprecedented man. with
being convinced that he Is fully competent for his
business. and has gwen tue results of experience
which his report 10 he exceedingly interesting and
valuable
Upon the whole have convinced myself that the mine
Is very valuable property indeed. How valuable
nothing but future developments demonstrate TO
mathematical certainty.
There is one thing in addition that should be considered
That that these two reports and the work already done
upon the mine demonstrate that there is probability
thore IL possibility that the leads and veins WILL
out. the mining sinks further int, tho earth
the In The sirer mines OF Leadyic, which dis
appointed and impoverished many. The geological
formation of the country shown by these reports and
the character Of the leads SUCH TO say nothing OF the
minerals foundas to take away all fear of any like dsas
ter.
Perhaps ought TO apologize you for going into the
report, Of these experts My excuse Is that it has been
my professional duty to examine the reports OF great
many experts upon mines, and have found my
more satisfactory BENZ. y. BUTLER.
SENATOR SHERM:l,s LOST OPPORTUNITY.
Iroru t0fSr amin On.